“DNA sample” means any material that has come from a human body 20and consists of or includes human cells;

“terrorist investigation” has the meaning given by section 32 of the Terrorism Act 2000.

Section 39(2)

SCHEDULE 2Repeals etc. of powers of entry

25Part 1Water and Environment

Public Health (Control of Disease) Act 1984

1(1)Omit section 50 of the Public Health (Control of Disease) Act 1984 (power in relation to England and Wales to enter and inspect canal boats).

(2)30This paragraph extends to England and Wales only.

Merchant Shipping Act 1995

2(1)Omit section 258(4) of the Merchant Shipping Act 1995 (power of surveyor of ships etc. to enter premises to determine whether provisions or water intended for UK ships, including government ships, would be in accordance 35with safety regulations).

(2)Sub-paragraph (1) does not apply to section 258(4) of the Act of 1995 so far as it applies for the purposes of section 256A of that Act (extension of power of entry to any member of the staff of the Scottish Administration authorised by the Scottish Ministers).

Environment Act 1995

3(1)Section 108(15) of the Environment Act 1995 (powers of entry etc. of persons 5authorised by enforcing authorities: interpretation) is amended as follows.

(2)After the definition of “authorised person” insert—

““domestic property” has the meaning given by section 75(5)(a) of the Environmental Protection Act 1990;”.

(3)After the definition of “enforcing authority” insert—

10““English waste collection authority” has the same meaning as in section 45A of the Environmental Protection Act 1990;”.

(4)In the definition of “pollution control functions” in relation to a waste collection authority after “means” insert “—

(a)

in relation to an English waste collection authority, 15the functions conferred or imposed on it by or under Part 2 of the Environmental Protection Act 1990 (other than sections 45, 45A and 46 of that Act so far as relating to the collection of household waste from domestic property); and

13(1)Omit regulation 24(6) of the Gas Appliances (Safety) Regulations 1995 (power of authorised officer to enter premises for the purposes of surveillance of manufacturer’s compliance with requirements).

14(1)Omit paragraph 2(2)(a), (b) and (c) of Schedule 2 to the Cross-border Railway Services (Working Time) Regulations 2008 (power of Office of Rail Regulation’s inspector to enter premises for the purpose of carrying the 20regulations into effect).

(2)This paragraph extends to England and Wales and Scotland only.

Payment Services Regulations 2009 (S.I. 2009/209S.I. 2009/209)

15(1)Omit regulation 83 of the Payment Services Regulations 2009 (power of an officer of the Financial Services Authority to enter premises used in relation 25to payment services).

Effect of code

5(1)30A relevant person must have regard to the devolved powers of entry code when exercising any functions to which the code relates.

(2)A failure on the part of any person to act in accordance with any provision of the devolved powers of entry code does not of itself make that person liable to criminal or civil proceedings.

(3)35The devolved powers of entry code is admissible in evidence in any such proceedings.

(4)A court or tribunal may, in particular, take into account a failure by a relevant person to have regard to the devolved powers of entry code in determining a question in any such proceedings.

(5)40In this paragraph “relevant person” means any person specified or described by the Welsh Ministers in an order made by statutory instrument.

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(6)An order under sub-paragraph (5) may, in particular—

(a)restrict the specification or description of a person to that of the person when acting in a specified capacity or exercising specified or described functions,

(b)5contain transitional, transitory or saving provision.

(7)So far as an order under sub-paragraph (5) contains a restriction of the kind mentioned in sub-paragraph (6)(a) in relation to a person, the duty in sub-paragraph (1) applies only to the person in that capacity or (as the case may be) only in relation to those functions.

(8)10Before making an order under sub-paragraph (5) in relation to any person or description of persons, the Welsh Ministers must consult such persons appearing to the Welsh Ministers to be representative of the views of the person or persons in relation to whom the order may be made as the Welsh Ministers consider appropriate.

(9)15An instrument containing an order under sub-paragraph (5) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Interpretation

6In this Schedule—

“the devolved powers of entry code” has the meaning given by 20paragraph 3(10),

“power of entry” and “associated power” have the meaning given by section 46.

Section 56

SCHEDULE 4Recovery of unpaid parking charges

25Introductory

1(1)This Schedule applies where—

(a)the driver of a vehicle is required by a relevant contract to pay parking charges in respect of the parking of the vehicle on relevant land; and

(b)30those charges have not been paid or have only been partly paid.

(2)It is immaterial for the purposes of this Schedule whether or not the vehicle was permitted to be parked (or to remain parked) on the land.

2In this Schedule—

“the appropriate national authority” means—

(a)

35in relation to relevant land in England, the Secretary of State; and

(b)

in relation to relevant land in Wales, the Welsh Ministers;

“the creditor” means a person who is for the time being entitled to claim unpaid parking charges from the driver of the vehicle;

40“current address for service” has the meaning given by paragraph 5(3) (for the driver) or paragraph 7(5) (for the keeper);

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“driver” includes, where more than one person is engaged in the driving of the vehicle, any person so engaged;

“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be 5presumed, unless the contrary is proved, to be the registered keeper;

“parking charge” means a fee or charge (however described) required to be paid by the driver of the vehicle under the terms of the relevant contract in respect of the parking of the vehicle on the land;

“registered keeper”, in relation to a registered vehicle, means the 10person in whose name the vehicle is registered;

“registered vehicle” means a vehicle which is for the time being registered under the Vehicle Excise and Registration Act 1994;

“relevant contract” means a contract (including a contract arising only when the vehicle was parked on the land) between the driver and a 15person who is—

(a)

the owner or occupier of the land; or

(b)

authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of 20the parking of the vehicle on the land;

“relevant land” has the meaning given by paragraph 3;

“unpaid parking charges” means parking charges which have not been paid or, where they have been paid in part, the part that has not been paid;

25“vehicle” means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.

3(1)In this Schedule “relevant land” means any land (including land above or below ground level) other than—

(a)a highway maintainable at the public expense (within the meaning 30of section 329(1) of the Highways Act 1980);

(b)a parking place which is provided or controlled by a traffic authority;

(c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.

(2)In sub-paragraph (1)(b)—

35“parking place” has the meaning given by section 32(4)(b) of the Road Traffic Regulation Act 1984;

“traffic authority” means each of the following—

(a)

the Secretary of State;

(b)

the Welsh Ministers;

(c)

40Transport for London;

(d)

the Common Council of the City of London;

(e)

the council of a county, county borough, London borough or district;

(f)

a parish or community council;

(g)

45the Council of the Isles of Scilly.

(3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a

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penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.

and for this purpose “subordinate legislation” means an Order in Council or any order, regulations, byelaws or other legislative instrument.

Right to claim unpaid parking charges from keeper of vehicle

4(1)10The creditor has the right to claim payment of any unpaid parking charges from the keeper of the vehicle.

(2)That right applies only if—

(a)the conditions in paragraphs 5 and 6 are met; and

(b)in the case of a registered vehicle, the condition in paragraph 7 is also 15met.

(3)That right may not be exercised in relation to a vehicle if, at the beginning of the period of parking to which the unpaid parking charges relate, the vehicle is a stolen vehicle.

(4)The vehicle is to be presumed not to be a stolen vehicle at that time, unless 20the contrary is proved.

(5)For the purposes of sub-paragraphs (3) and (4), a vehicle is a stolen vehicle at that time only if—

(a)the vehicle has been stolen, and has not been recovered before that time; and

(b)25any requirements that apply for the purposes of this sub-paragraph have been complied with by that time.

(6)The requirements that apply for the purposes of sub-paragraph (5) are the same as those (if any) that apply for the purposes of section 31B(4)(c) of the Vehicle Excise and Registration Act 1994, as prescribed in regulations under 30section 31B(6) of that Act (persons to whom, the times at which and the manner in which the theft of a vehicle is to be notified).

(7)The maximum sum which may be claimed from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to the driver under paragraph 6(2)(d), less any payments towards the unpaid 35parking charges which are received after the notice is given.

(8)Nothing in this paragraph affects any other remedy the creditor may have against the keeper of the vehicle or any other person in respect of any unpaid parking charges (but this is not to be read as permitting double recovery).

Conditions that must be met for purposes of paragraph 4

5(1)40The first condition is that the creditor—

(a)has the right to enforce against the driver of the vehicle the terms of the relevant contract which require the unpaid parking charges to be paid; but

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(b)is unable to enforce those terms against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

(2)The first condition continues to apply unless and until the unpaid parking 5charges are paid.

(3)In this paragraph “current address for service” means an address at which documents relating to civil proceedings against the driver to enforce payment under the relevant contract could properly be served under Civil Procedure Rules.

6(1)10The second condition is that—

(a)a notice that contains the information specified in sub-paragraph (2) (a “notice to the driver”) has been given to the driver by or on behalf of the creditor; and

(b)at least 28 days have elapsed beginning with the day on which the 15notice was so given.

(2)The notice must—

(a)state that by virtue of a contract the driver is required to pay parking charges in respect of the parking of the vehicle on the land on such day or days as the notice may specify;

(b)20describe the circumstances in which the contract was formed, the terms which require the driver to pay those charges and the facts that make them payable;

(c)state that the parking charges in question have not been paid (or paid in full);

(d)25state the total amount of unpaid parking charges due from the driver (as at such time as may be specified in the notice, which must be no later than the time specified under paragraph (g));

(e)inform the driver of any discount offered for prompt payment and any arrangements for the resolution of disputes or complaints that 30are made available to the driver;

(f)specify how and to whom payment may be made;

(g)state the time and date on which the notice was issued.

(3)A notice to the driver must be given before the vehicle is removed from the land in question (and while it is stationary) by affixing it to the vehicle or by 35handing it to a person appearing to be in charge of the vehicle.

(4)A notice to the driver may relate to charges incurred over a period of more than one day; but the same notice may not deal with unpaid parking charges relating to more than one period of parking.

7(1)The third condition applies only to registered vehicles.

(2)40The third condition is that—

(a)the creditor (or a person acting for or on behalf of the creditor) has applied to the Secretary of State for the name and address of the registered keeper of the vehicle to be provided to the applicant by virtue of regulations made under section 22(1)(c) of the Vehicle 45Excise and Registration Act 1994,

(b)the Secretary of State has provided that information to the applicant, and